State Failure, Sovereignty And Effectiveness: Legal Lessons from the Decolonization of Sub-Saharan Africa
Martinus Nijhoff Publishers, 2004 - Всего страниц: 386
This comprehensive study of State failure upholds that the collapse of States in sub-Saharan Africa is a self-inflicted problem caused by the abandonment of the principle of effectiveness during decolonization. On the one hand, the abandonment of effectiveness may have facilitated the recognition of the new African States, but on the other it did lead to the creation of States that were essentially powerless: some of which became utter failures. Written in a style both provocative and unorthodox and using convincing arguments, this study casts doubt on some of the most sacred principles of the modern doctrine of international law. It establishes that the declaratory theory of recognition cannot satisfactorily explain the continuing existence of failed States. It also demonstrates that the principled assertion of the right to self-determination as the basis for independence in Africa has turned the notion of sovereignty into a formal-legal figment without substance. This book is a plea for more realism in international law. Pensive pessimists in the tradition of Hobbes will probably love it. Idealists in the tradition of Grotius may hate it, but they will find it very difficult to reject its conclusions.
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abandonment of effectiveness administration anarchy applied Article authority basic norm belligerent occupation capacity Chapter concerned conflict Congo consequences constitutive Crawford criteria for statehood decolonization decolonization of sub-Saharan doctrine domestic efficacy elements emphasis added empirical entails entities essentially established existence external fact and norm failed failure force formal fundamental Grundnorm human rights humanitarian Ibid independence international community international law international legal order international order international relations Jackson juridical statehood Kelsen Koskenniemi lack Liberia Montevideo Convention national legal order negative liberty negative sovereignty normative order obligations observed organization particular perception political population positive sovereignty post-colonial principle of effectiveness problem Quasi-States question reality and ideas right to self-determination rule Rwanda self-determination Sierra Leone situation social sociological Somalia Sørensen sovereign State’s statehood sub-Saharan Africa territory Trusteeship System UN Charter United Nations unity between reality uti possidetis juris validity Völkerrecht weak withdrawal of recognition World Zegveld
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